Legal Question in Intellectual Property in Texas
A friend of mine wants to start a princess party entertainment company. She intends to have princess characters that have the same name and hair style as certain Disney characters (Jasmine and Ariel) but intends to change their outfits so that she could not be sued or misconstrued as Disney. Is this legal?
Asked on 9/04/10, 7:23 pm
1 Answer from Attorneys
Kevin B. Murphy
Franchise Foundations, APC
An attorney will tell you it all depends how close they are to the Disney characters. If an ordinary person looks at the final product and says "that's Disney's Ariel" etc. your friend has a big problem. Trademark infringement cases are highly fact dependent so you should consult an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Answered on 9/10/10, 11:05 am